The Portland daily press., 1887-04-15
THE MURPHY CASE.
A Hearing to be Held In the District
Court To-Day.


District Attorney Bird yesterday afternoon
presented to Judge Webb to the U. S. Dis
trict Court the following petition of Thomas
+. Murphy, U. S. Deputy Collector of Inter-
nal Revenue, for writ of habeas corpus on
account of his commitment to jail by Judge
Whitehouse of Augusta for refusal to pro-
duce certain evidence in the liquor case on
trial at that city.
STATE OF MAINE.
TO the Honorable Nathan Webb, Judge g ne
u. S. District Court for the District Of Maine:
Respectfully represents THOMAS r, MURPHY OF
United States Deputy Collector of Internal Reye-
nue. for the second division OF the District of
liberty by Charles h. MeFadden, sheriff
in and for the county of Kennebec,
at said Augusta, IN whose custody he,
the Honorable William ?. Whitehouse, Justice of
the Superior Court in and for said comfy of Ken
nebec; that the cause ofyour petitioners restraint
OF liberty Is as follows, viz:
Ihat by order OF said court your petitioner was
ordered TO appear IN said court on the thirteenth
day Of April; A. ID: 1887, and remain until dis:
charged, and to bring with HIM certified copies of
the original application for, or ecord of the pay
ment OF a United States special tax as retail liquor
dealer, in his possession or under his control by
and was to be tried in said court Tor
violation of the prohibitory laws of Name
tOuf pttlllOneT ptTSOndllg dppSdtCui III Sdtu Sou.e
and was duly sworn TO give testimony In SAID
case, but refused to produce certified copy OF
the record of the payment OF special tax by SAID
Hail. and to testify that he had received twenty
five dollars of said Hall, and gave him receipt
therefore in payment OF such special tax. His
rea sons for so refusing, he stated distinctly TO
said court as follows: That TO do so would be
against public policy; that as au officer of the gen.
eral government having taken solemn cath to
protect its interests he did not regard himself JUS
tined IN doing or saying that which might tend to
reduce or njure the collections of internal revenue
that his instructions, as he understood them,
ranted him in declining to produce in said court
documentary or other evidence obtained while IN
the performance of his official duties, which
might be used against any person sought 10 be
prosecuted under the prohibt0ry laws of Maine
therefore he respectfully and conseientiously de-
cllned to furnish the documents called for.
Wherefore your petitioner makes this, his ap.
plicaton, that writ of habeas corpus may be
issued out of this court, and that he may be taken
before this court and hence discharged
THOMAS +. MURPHY.
Subscribed and sworn to by the said Thomas F,
Murphy tefore me this 18Th day Of April, A. d.
1887, r. w. BLACK,
Justice of the Peace.
Mr. Bird supported the petition by quot
ing the different sections in the chapter on
habeas corpus in the United States Revised
Statutes commencing at section 751, and es-
pecially dwelling on section 754,, which re-
lates to whom the petition shall be addressed.
He also supported his position with some re-
marks.
Judge Webb adjourned the hearing on the
petition to 10 O'Clock this forenoon.